Quanell X, center, stands with Trey Foster's mom, Don, right, after his appearance in the 228th State District Court at the Harris County Criminal Courthouse Monday, Jan. 28, 2013, in Houston. Authorities took Trey Foster, 22, into custody Friday, as a suspect in the shooting that took place on Lone Star College's campus. Quanell X stated that Foster had a receipt purchasing the gun and that he took a concealed handgun class although he didn't obtain a concealed carrying license.
Photo: Cody Duty, .

The suspects were identified as Carlton Berry, left, and Trey Foster. Berry was later cleared. (Harris County Sheriff's Office)
Photo: Ho

The suspects were identified as Carlton Berry, left, and Trey...

Ana Leal, left, embraces Lone Star College student Sabrina Cuellar after she was evacuated and picked up by her mother, Maria Cuellar, right, from the campus following a shooting at the north Harris County school Tuesday, Jan. 22, 2013, in Houston.
Photo: Brett Coomer, Houston Chronicle

Ana Leal, left, embraces Lone Star College student Sabrina Cuellar...

A Harris Precinct 4 Constable blocks off an entrance to the Lone Star College North Harris campus after a shooting on Tuesday, Jan. 22, 2013 in Houston. The shooting on campus wounded three people and sent students fleeing for safety as officials placed the campus on lockdown, officials said. Harris County Sheriff's Maj. Armando Tello said authorities had detained a person of interest. Police did not provide any details about the people who were wounded. (AP Photo/Patric Schneider)
Photo: Patric Schneider, Associated Press

A Harris Precinct 4 Constable blocks off an entrance to the Lone...

A sheriff's deputy walks along the road toward the Lone Star College campus following a shooting at the north Harris County school Tuesday, Jan. 22, 2013, in Houston.
Photo: Brett Coomer, Houston Chronicle

A sheriff's deputy walks along the road toward the Lone Star...

Students leave campus after gunfire erupts shortly before 1 p.m. Tuesday at Lone Star College in north Harris County.
Photo: Brett Coomer

Students leave campus after gunfire erupts shortly before 1 p.m....

Lone Star College students sit on the street corner near Aldine-Westfield after they were evacuated from the campus following a shooting at the north Harris County school Tuesday, Jan. 22, 2013, in Houston.
Photo: Brett Coomer, Houston Chronicle

Lone Star College students sit on the street corner near...

Lone Star College students walk away from the college after they were evacuated from the campus following a shooting at the north Harris County school Tuesday, Jan. 22, 2013, in Houston.
Photo: Brett Coomer, Houston Chronicle

Lone Star College students walk away from the college after they...

Lone Star College students sit near a parking lot after they were evacuated from the campus following a shooting at the north Harris County school Tuesday, Jan. 22, 2013, in Houston.
Photo: Brett Coomer, Houston Chronicle

Lone Star College students sit near a parking lot after they were...

Parents wait to pick up their children outside Nimitz High School after it was placed on lockdown after a shooting happened nearby on Lone Star College North Harris campus on Tuesday, Jan. 22, 2013 in Houston. The shooting wounded three people and sent students fleeing for safety as officials placed the college campus on lockdown, officials said. Harris County Sheriff's Maj. Armando Tello said authorities had detained a person of interest. Police did not provide any details about the people who were wounded. (AP Photo/Patric Schneider)
Photo: Patric Schneider, Associated Press

Parents wait to pick up their children outside Nimitz High School...

Police block off streets at the scene of the campus shooting.

Photo: James Nielsen, Chronicle

Police block off streets at the scene of the campus shooting.

A student leaves campus after gunfire erupts about 12:30 p.m. Tuesday at Lone Star College in north Harris County.
Photo: James Nielsen

Students wait outside an entrance to the Lone Star College North Harris campus after a shooting on campus on Tuesday, Jan. 22, 2013 in Houston. The shooting wounded three people and sent students fleeing for safety as officials placed the campus on lockdown, officials said. Harris County Sheriff's Maj. Armando Tello said authorities had detained a person of interest. Police did not provide any details about the people who were wounded. (AP Photo/Patric Schneider)
Photo: Patric Schneider, Associated Press

Students wait outside an entrance to the Lone Star College North...

Parents wait to pick up their children outside Nimitz High School after it was placed on lockdown after a shooting happened nearby on Lone Star College North Harris campus on Tuesday, Jan. 22, 2013 in Houston. The shooting wounded three people and sent students fleeing for safety as officials placed the college campus on lockdown, officials said. Harris County Sheriff's Maj. Armando Tello said authorities had detained a person of interest. Police did not provide any details about the people who were wounded. (AP Photo/Patric Schneider)
Photo: Patric Schneider, Associated Press

Parents wait to pick up their children outside Nimitz High School...

Parents wait to pick up their children outside Nimitz High School after it was placed on lockdown after a shooting happened nearby on Lone Star College North Harris campus on Tuesday, Jan. 22, 2013 in Houston. The shooting wounded three people and sent students fleeing for safety as officials placed the college campus on lockdown, officials said. Harris County Sheriff's Maj. Armando Tello said authorities had detained a person of interest. Police did not provide any details about the people who were wounded. (AP Photo/Patric Schneider)
Photo: Patric Schneider, Associated Press

Women wearing Lone Star College sweatshirts and a man walk near Lone Star College in Houston, which was placed on lockdown Tuesday, Jan. 22, 2013, after a shooting that wounded three people and sent students fleeing for safety. (AP Photo/The Courier of Montgomery County, Jason Fochtman)
Photo: Jason Fochtman, Associated Press

Women wearing Lone Star College sweatshirts and a man walk near...

Lone Star College students walk away from the college after they were evacuated from the campus following a shooting at the north Harris County school Tuesday, Jan. 22, 2013, in Houston.
Photo: Brett Coomer, Houston Chronicle

Lone Star College students walk away from the college after they...

Law enforcement officers search for a gunman after a shooting at Lone Star College Tuesday, Jan. 22, 2013, in Houston.
Photo: James Nielsen, Chronicle

Law enforcement officers search for a gunman after a shooting at...

Members of the Harris County sheriff's Crime Scene Unit gather evidence and take photos on the campus of Lone Star College, after a gunman fired multiple rounds Tuesday on campus.
Photo: Karen Warren, Staff

Members of the Harris County sheriff's Crime Scene Unit gather...

School buses are allowed back on the Nimitz High School campus, which was on lockdown after a shooting at Lone Star College on Tuesday.
Photo: James Nielsen, Staff

School buses are allowed back on the Nimitz High School campus,...

SWAT officers search the Lone Star College parking lots and buildings after a shooting which left several people injured Tuesday, Jan. 22, 2013, in Houston.
Photo: James Nielsen, Chronicle

SWAT officers search the Lone Star College parking lots and...

A law enforcement officer checks a vehicles trunk before leaving the Lone Star College after a shooting which left several people injured Tuesday, Jan. 22, 2013, in Houston.
Photo: James Nielsen, Chronicle

A woman is interviewed my a news crew near Lone Star College in Houston, which was placed on lockdown Tuesday, Jan. 22, 2013, after a shooting that wounded three people and sent students fleeing for safety. (AP Photo/The Courier of Montgomery County, Jason Fochtman)
Photo: Jason Fochtman, Associated Press

A woman is interviewed my a news crew near Lone Star College in...

Police block off an entrance to the Lone Star College North Harris campus after a shooting on Tuesday, Jan. 22, 2013 in Houston. The shooting on campus wounded three people and sent students fleeing for safety as officials placed the campus on lockdown, officials said. Harris County Sheriff's Maj. Armando Tello said authorities had detained a person of interest. Police did not provide any details about the people who were wounded. (AP Photo/Patric Schneider)
Photo: Patric Schneider, Associated Press

Police block off an entrance to the Lone Star College North Harris...

Trey Foster is led from the courtroom Monday after his arraignment in the 228th State District Court. He is a suspect in last Tuesday's shooting that injured three people at Lone Star College.

"Two people who were shot at Lone Star Community College said right after the shooting that the shooter was Carlton Berry," Garcia said. "It was those statements and those witnesses that met our 'probable cause' and the charges were accepted by the district attorney's office."

He said Berry first told investigators that he knew nothing about the shooting, but after the charges were filed he admitted he was there and fingered a second suspect, Trey Foster, who has been charged as the shooter.

If they had not charged Berry, Garcia said, Foster might not have been arrested and the gun, believed to have been used in the shooting, might not have been recovered.

Foster was charged two days after the shooting that allegedly stemmed from an altercation between Foster and another student at the college. Foster was arrested Friday in Plano. He was arraigned Monday morning, and his bail was set at $100,000.

Were mistakes made?

After the arraignment, prosecutors said the investigation continues.

"The charges have been dismissed against Carlton Berry pending further investigation at this time," said Assistant Harris County District Attorney Alison Baimbridge. "Those investigators need time and everyone needs to give them time."

Asked if mistakes were made that led to Berry being charged with the shooting, Baimbridge said that as more evidence is collected, the clearer the picture becomes.

"I can tell you that everyone is working as hard as they can to gather information every day, as information comes to us we try to make the right decision, in the interest of justice," Baimbridge said. "The right decision today, in the interest of justice, is to dismiss those cases."

Ten shots were fired just after noon on Jan. 22. Berry, another student and a maintenance man at the college were wounded.

Berry shot from behind

Robert Jones, Berry's attorney, said his client had nothing to do with the shooting and took authorities to task for charging his client while he was in the hospital recovering from being shot in the leg from behind.

"There is no 'heat' when a person is in the hospital, there's no pursuit," Jones said. "If you start the right way, you'll end the right way, and hopefully it will be sooner and not later."

He noted that Berry was shot in the posterior then told authorities he was not the gunman.

"If a person is shot in their behind, then their head was facing in the opposite direction," Jones said. "He said continually, whenever they talked to him, that he didn't do anything, but that wasn't enough."

Quanell X, who spoke for Berry's family, lambasted the sheriff's office and prosecutors for their handling of the case.

"It's a disgrace how this case was handled," the community activist said. "It's a disgrace how the sheriff's department and the district attorney's office allowed misinformation to have a young man, who was a shooting victim, incarcerated - put in jail and taken away from his family and have his name slandered across the news."

Pistol bought legally

After Foster was arraigned by state District Judge Marc Carter, Quanell X showed reporters a receipt indicating that Foster legally purchased a .40-caliber semiautomatic pistol from Gander Mountain, a national sporting goods store.

The activist, standing next to Foster's mother, who did not comment, said the accused gunman completed a concealed handgun license course and bought the gun after being shot in the face two years ago.

Foster sent the application for a CHL to state officials, where it was apparently stalled because of past arrests, Quanell X said.

It was unclear Monday whether Foster's misdemeanor arrests for possession of brass knuckles and resisting arrest would have kept him from buying the gun or obtaining a concealed handgun license. In general, suspects convicted of misdemeanors can own firearms, but they cannot get a CHL, Baimbridge said.